If asked, most Americans would be surprised to learn, or maybe even shocked to learn, that they have absolutely no right to privacy in the records maintained by the institutions with whom they bank.
In order to get a person’s bank statements, a prosecutor need only ask. There is no need to obtain a search warrant from an independent magistrate or obtain a subpoena from a sitting grand jury. This has been the law for the past 38 years as a result of the decision of the Supreme Court in United States v. Miller, 425 U.S. 435, 96 S.Ct. 1619 (1976).
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.
For questions call 1-877-256-2472 or contact us at [email protected]
